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Civ Pro: FRCP Rule 60 Hypo Help

Posted: Fri Jun 06, 2014 11:52 am
by hbha88
I am stumped by this hypo and could use some help:

If P who has won a judgment against D seeks to add an additional D in the same suit AFTER entry of judgment, would the judgment against the original D be void?

I am thrown off by the wording a bit, but I think the judgment would still be valid under 60(b), but am unsure. Greatly appreciate the help.

Re: Civ Pro: FRCP Rule 60 Hypo Help

Posted: Sun Jun 08, 2014 10:20 pm
by Mr.Throwback
Need more facts. Analyze each element under 60(b):

(1) mistake, inadvertence, surprise, or excusable neglect;

(2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under Rule 59(b);

(3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or

(6) any other reason that justifies relief.

Without knowing the facts, If D is liable to P then i don't see why it would be void.